V.

COPYRIGHT

1. Definitions (Sec. 171)

a. Author - natural person who created the work

b. Collective Work - work which has been created by two or more natural persons at the
initiative and under the direction of another with the understanding that it will be
disclosed by the latter under his own name and that contributing persons will not be
identified

c. Communication to the Public - any communication to the public including:

i. broadcasting

ii. rebroadcasting

iii. retransmitting by cable

iv. broadcasting and transmitting through sattelite

v. making of a work available to the public by wire or wireless means in such a way that
members of the public may access these works from a place and time individually
chosen by them

d. Computer - electronic or similar device having information-processing capabilities

e. Computer Program - set of instructions expressed in words, codes, schemes or in any

other form which is capable when incorporated in a medium that the computer can read
or causing the computer to perform or achieve a particular task or result.

f. Public lending - transfer of possession of the original or a copy of a work or sound

recording for a limited period (for non-profit purposes, by institution of services of which
are available to the public such as public library or archives)

g. Public performance -

if not audiovisual

i. recitation

ii. playing

iii. acting

iv. performing the work either directly or by means of any device

if audiovisual

i. showing of images in sequence

ii. making of sounds

h. Public works - works which with the consent of the authors, are made available to the
public by wire or wireless means in such a way that members of the public may access
these works from a place and time individually chosen by them

i. Rental - transfer of possession of the original or a copy of a work or a sound recording

for a limited period of time

j. Reproduction - making of one of more copies, temporary or permamnent, in whole or

in part of a work or a sound recording in any manner or form

k. Work of applied art - artistic creation with utilitarian functions or incorporated in useful
article, whether made by hand or produced on an industrial scale

l. Work of the Government of the Philippines - work created by an officer or employee of

the Philippine Government or any of its subdivisions and instrumentalities, including
GOCCs a part of his regularly prescribed duties

m. Technological measure - any technology, device or component that in the normal

course of its operation, restrict acts, in respect of a work, performance or sound
recording which are not authorized by authors, performers or producers of sound
recordings concerned or permitted by law

n. Rights management information - information which identifies:

i. the work, sound recording or performance

ii. the author of the work, producers of the sound recording, performers of the
performance

iii. information about the terms and conditions of the work

2. Definition of Copyright

Copyright - is the right over literary and artistic works which are original intellectual
creations in the literary and artistic domain protected from the moment of creation

Kinds of Copyright

A. Common law copyright - that which secures to the owner exclusivity until its public
dissemination

B. Statutory copyright - that which secures protection and exclusivity in the owner by
force of law even when the work has been made accessible to the public

3. Territorial Application of Copyright Laws

Our copyright laws have no extra-territorial operation and the rights granted under our
laws can only be infringed by acts done within our territorial jurisdiction

4. Copyright vs. Trademark and Patents

A.

Copyright v. Patent

As to time of accrual

Copyright - It may be vested in a work closely similar or even identical to an earlier, or

already patented work, provided that the former is truly original, i.e., it owes its existence
to its creator.

Patent - When a person, by independent research arrives at the same product or that
which is already patented, he is restrained by the arm of the law from exploiting such an
invention by reason of the patent already granted to the earlier discoverer.

As to non-patentable inventions

Copyright - non-patentable inventions may be subjected to copyright

Patent - non-patentable inventions may NOT be a subject of a patent

Copyright v. Trademark

B. Denicola Test
Inquires into which aspects of the work are dictated by the functional constraints of the
article and which aspects reflect unconstraine perspective of the artist

C. Article of Commerce

Can an article of Commerce serve as a trademark and at the same time enjoy patent
and copyright protection?

5. Copyright Over Literary and Works is Vested From the Moment of Creation

Literary and artistic works that are protected from the moment of their creation:
a. Books, pamphlets, articles and other writings
Note: It matters not whether the works are published or not, whether they be in verbal or
numerical symbol.

b. Periodicals and newspapers

Note: The Journal of the Integrated Bar of the Philippines, as a journal, enjoys copyright
protection.

A writer, artist or photographer who submits a work to a newspaper or periodical editor

for publication thereby licenses such editor to publish the work only once unless more
ample provision is otherwise made. While the work may then belong to the newspaper or
the periodical, copyright is not comprehensively transferred by license for a single
publication
(IPC, Sec. 188.3).

A pure news report no longer finds protection under the new law, but a column or
published comment will. When newspapers and periodicals include works enjoying
independent copyrights, the works so included continue enjoying the rights for duration
proper to them.

News as expressed in a video footage is entitled to copyright protection

News, as expressed in a video footage, is entitled to copyright protection. Broadcasting
organizations have not only copyright on but also neighboring rights over their
broadcasts. Copyrightability of a work is different from fair use of a work for purposes of
news reporting
(ABS-CBN Co. v. Gozon, G.R. No. 195956, March 11, 2015)

Note: Under IPC, Sec. 175, ―news of the day and other miscellaneous facts having the
character of mere items of press information are unprotected subject matter. The facts
that constitute the news are unprotected, but the copyright protection subsists in any
work entailing intellectual effort
that may result in the creation of a news report.

c. Lectures, sermons, addresses, dissertations prepared for oral delivery, whether or not
reduced in writing or other material form;

Note: Lectures include address, speech, or sermon. Protection was possible only if such
lecture was written

d. Letters;

Letters and other private communications in writing are owned by the person to whom
they are addressed or delivered, but they cannot be published or disseminated without
the consent
of the writer or his heirs (CIVIL CODE, Art 723).

The letter writer is generally the copyright owner. He may restrain the publication of
copies of his letter on the ground that as copyright owner no consent was given by him.
The letter writer does not publish the letter by merely sending the letter to his
correspondent unless it was sent to a newspaper with intent of publication (Walter v.
Lane, A.C 539 [1990]).

e. Dramatic or dramatic-musical compositions, choreographic works or entertainment in

dumb shows, (e.g. plays, operas, ballets, musicals).

f. Musical compositions, with or without words

g. Works of drawing, painting, architecture, sculpture, engraving, lithography or other

works of art; models or designs for works of art

h. Original ornamental designs or models for articles of manufacture, whether or not

registrable as an industrial design, and other works of applied art;
Work of Applied Art - An artistic creation with utilitarian functions or incorporated in a
useful article, whether made by hand or produce on an industrial scale (IPC, Sec,
171.10).

It bears stressing that the focus of copyright is the usefulness of the artistic design, and
not its marketability. The central inquiry is whether the article is a work of art. Works for
applied art include all original pictorials, graphics, and sculptural works that are intended
to be or have been embodied in useful article regardless of factors such as mass
production, commercial exploitation, and the potential availability of design patent
protection.

While works of applied art, original intellectual, literary and artistic works are
copyrightable, useful articles and works of industrial design are not. A useful article may
be copyrightable only if and only to the extent that such design incorporates pictorial,
graphic, or sculptural features that can be identified separately from, and are capable of
existing independently of the utilitarian aspects of the article (Ching vs. Salinas, G.R.
No. 161295, June 21, 2005).

i. Illustrations, maps, plans, sketches, charts and three dimensional works relative to
geography, topography, architecture or science;

Note: What is copyrightable in a map is the selection, arrangement and presentation of

the component parts.

j. Drawings or plastic works of a scientific or technical character

k. Photographic works including works produced by a process analogous to

photography; lantern slides

l. Audiovisual works and cinematographic works and works produced by a process

analogous to cinematography or any process for making audiovisual recordings

m. Pictorial illustrations and advertisements

n. Computer programs

o. Other literary, scholarly, scientific and artistic works

6. Works Protected by Copyright

I.
A. Original Works - protected from the moment of their creation, irrespective of their
mode or form of expression, as well as of their content, quality and purpose

B. Derivative Works - also protected by copyright

(a) Dramatizations, translations, adaltations, abridgments, arrangements, and other
alterations of literary or artistic works

(b) Collections of literary, scholarly or artistic works and compilations of data and other
materials which are original by reason of the selection or coordinatio or arrangement of
their contents
II. Requirements of Originality

Requisites for the Creation of a Copyrightable Work

1. Originality
It does not mean novelty or ingenuity; neither uniqueness nor creativity. It simply means
that the work "owes its origin to the author. Originality does not mean original thought,
research or idea. An original work is that which required originality in skill or labor in
execution such that the work becomes ―individual either in matter, form, arrangement,
or treatment‖

What constitutes originality:

a. The work is an independent creation of the author;
b. It must not be copied; and
c. It must involve some intellectual effort.

2. Expression
There must be "fixation". To be "fixed", a work must be embodied in a medium
sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise
communicated for a period of more than transitory duration. Strictly speaking, there is no
work for copyright purpose, unless there is something tangible. It is ―fixation‖ that
defines the time from when copyright subsists. Before the time of fixation there can be
no infringement

7. Works Not Protected by Copyright

Unprotected Subjectmatter - no protection for the following:

PIN-DOG
(1) Pleadings;
(2) Idea, procedure, system, method or operation, concept, principle, discovery or mere
data as such, even if they are expressed, explained, illustrated or embodied in a work
(IPC, Sec. 175);

Note: Format or mechanics of a television show are not copyrightable. The law in
enumerating what are subject to copyright refers to finished works and not to concepts
(Joaquin, Jr. v. Drilon, G.R. No. 108946, January 28, 1999).

(3) News of the day and other miscellaneous facts having the character of mere items of
press information (IPC, Sec. 175);

(4) Decisions of courts and tribunals. They may therefore be freely used or quoted;

Note: This pertains to the "original decisions" not the SCRA published volumes since
theseare protected under derivative works under Sec. 173.1 (b);

(5) Any Official text of a legislative, administrative or legal nature, as well as any official
translation
thereof (IPC, Sec. 175); and
(6) Any work of the Government of the Philippines.

General Rule: Prior approval of the government agency or office wherein the work is
created shall be necessary for exploitation of such work for profit. Such agency or office
may, among others, impose as a condition the payment of royalties.

Exception: No prior approval or conditions shall be required for the use of any purpose
of statutes, rules and regulations, and speeches, lectures, sermons, addresses, and
dissertations, pronounced, read or rendered in courts of justice, before administrative
agencies, in deliberative assemblies and in meetings of public character (IPC, Sec.
176.1).

8. Rights Conferred by Copyright

(1) Economic Right - shall consist of the exclusive right to carry out, authorize or prevent
the following acts
a. Reproduction of the work or substantial portion of the work
b. Dramatization, translation, adaptation, abridgement, arrangement or other
transformation of the work
Note: Article 12 of the Berne-Paris Convention guarantees authors of literary or artistic
works the exclusive right of authorizing adaptations, arrangements and other alterations
of their works.

Royalty is a payment mechanism, normally calculated on a percentage of the income

derived from sales of works or articles subject to an intellectual property right.

c. The first public distribution of the original and each copy of the work by sale or other
forms of transfer of ownership

d. Rental of the original or a copy of an audio-visual or cinematographic work, a work

embodied in a sound recording, a computer program, a compilation of data and other
materials or a musical work in graphic form, irrespective of the ownership of the original
or the copy which is the subject of the rental
e. Public display of the original or a copy of the work
f. Public performance of the work
g. Other communication to the public of the work

Note: Economic rights allow the owner to derive financial reward from the use of his
works by others

(2) Moral Rights

a. Right of Paternity – To require that the authorship of the works be attributed to him, in
a prominent way on the copies, and with the public use of the work (IPC, Sec. 193.1);
b. To make any Alterations of his work prior to, or to withhold it from publication (IPC,
Sec. 193.2);
c. Right of Integrity – To object to any distortion, mutilation or other modification of, or
other derogatory action in relation to, his work which would be prejudicial to his honor or
reputation (IPC, Sec. 193.3); and
d. To restrain the use of his Name with respect to any work not of his own creation or in
a distorted version of his work (Sec. 193.4).

These rights are distinct from economic rights and remain with the author even after he
has transferred or assigned to another ―other rights of copyright‖ (WIPO, supra at 215).

Moral rights allow the author to take certain actions to preserve the personal link
between himself and the work. (Id. at 9).

Breach of Contract
An author cannot be compelled to perform his contract to create a work or for the
publication of his work already in existence. However, he may be held liable for damages
for breach of such contract (IPC, Sec. 194).

These moral rights may be waived by:

1. By a written instrument;
Except: where its effects is to permit another to:
a. To use the name of the author , or the title of his work, or otherwise to make use of his
reputation with respect to any version or adaptation of his work which, because of
alterations therein, would substantially tend to injure the literary or artistic reputation of
another author; (IPC, Sec. 195.1) or

b. To use the name of the author with respect to a work he did not create (IPC, Sec.
195.2).2. By contribution to a collective work unless expressly reserved (IPC, Sec. 196).

There is no copyright protection for works of applied art or industrial design which
haveaesthetic or artistic features that cannot be identified separately from the utilitarian
aspects of the article.

Functional components of useful articles, no matter how artistically designed, have

generally been denied copyright protection unless they are separable from the useful
article. Being plain automotive spare parts that must conform to the original structural
design of the components they seek to replace, the Leaf Spring Eye Bushing and
Vehicle Bearing Cushion are not ornamental.
They lack the decorative quality or value that must characterize authentic works of
applied art.

(4) Copyright in Work of Architecture

Scope of Copyright in a Work of Architecture:
1. Shall include the right to control the erection of any building which reproduces the
whole or a substantial part thereof; and
2. Shall not include the right to control the reconstruction or rehabilitation in the same
style as the original of a building to which the copyright relates

9. Transfer or Assignment of Copyright

(1) Rights of Assignee
i. Copyright may be assigned or licensed in whole or in part. Assignee is entitled to all
rights and remedies which the assignor had with respect to the copyright
ii. The copyright is not deemed assigned or licensed inter vivos, in whole or in part,
unless there is a written indication of such intention
iii. Submission of anywork to a newspaper shall constitute only a license to make a
single publication unless a greater right is granted
iv. If two or more persons jointly own a copyright or any part thereof, neither of the
owners shall be entitled to grant licenses without the prior written consent of the other
owner or owners
v. Any exclusivity in the economic rights in a work may be exclusively licensed, licensee
os entitled to all rights and remedies which the licensor had with respect to the copyright
vi. Copyright owner ha sthe right to regular statements of accounts from the assignee or
the licensee with regard to assigned or licensed work

(2) Copyright and Material Object

Copyright is distict from the property in the material object subject to it. Transfer or
licensing of the copyright does not mean transfer of the material object and vice versa.

(3) Filing of Assignment of License

a. May be filed in duplicate with the National library
b. Payment of the prescribed fees
c. Recordings
d. Copy of instrument shall be returend to sender with notation

10. Designation of Societies

The owners of copyright and related rights or their heirs may designate a society of
artists, writers, composers and other right-holders to collectively manage their economic
or moral rights on their behalf.

11. Limitations of Copyright

I.
Limitations to the Rights of Copyright: (GF-PR2I):
(1) General limitations (IPC, Sec. 184);
(2) Fair use (IPC, Sec. 185);
In the case of a work of architecture, the right to control the reconstruction or rehabilitation in the
same style as the original of the building (IPC, Sec. 186);
(3) Private reproduction of published work in a single copy by a natural person for research and
private study (IPC, Sec. 187);
(4) Reprographic reproduction in a single copy by non-profit libraries, under certain circumstances
(5) Reproduction, under certain circumstances, of a computer program in one back-up copy by
the lawful owner of the program (IPC, Sec. 189); and
(6) Importation for personal purposes under certain conditions (IPC, Sec. 190).

General Limitations: (R3-QP2I-MU2)

Acts that do not infringe copyright:
1. Recitation or performance of a work, once made accessible to the public, that is either, (i)
privately done and free of charge, or (ii) strictly for a charitable or religious institution;
2. Reproduction or communication to the public by mass media of articles on current political,
social, economic, scientific or religious topic, lectures, addresses and other works, delivered in
public: (i) for information purposes, (ii) not expressly reserved, and (iii) source is clearly indicated;
3. Reproduction and communication to the public of literary, scientific or artistic works as part of
reports of current events by means of photography, cinematography or broadcasting to the extent
necessary for the purpose;
4. Recording made in schools, universities, or educational institutions of a work included in a
broadcast for the use of schools, universities or educational institutions. Such recording must be
deleted within a reasonable period; such recording may not be made from audio-visual works
which are part of the general cinema, repertoire of feature films except of brief excerpts of the
work;
5. Making of Quotations from a published work: (i) compatible with fair use, (ii) extent is justified
by the purpose, (iii) source and name of the author, appearing on work, must be mentioned;
6. Public performance or the communication to the public of a work in a place where no
admission fee is charged by a club on institution for charitable or educational purpose only and
the aim is not profit-making;
7. Public display of the original or a copy of the work not made by means of a film, slide,
television, image or otherwise on screen or by means of any other device or process either the
work has been published, sold, given away, or transferred to another person by the author or his
successor in title;
8. Inclusion of a work in a publication, broadcast or other communication to the public, sound
recording or film if made by way of illustration for teaching purposes compatible with fair use and
the source and the name of the author appearing on work, must be mentioned;
9. Making of ephemeral recordings; (i) by a broadcasting organization, (ii) by means of its work or
facilities, (iii) for use in its own broadcast;
10. Use made of a work by or under the direction or control of the government for public interest
compatible with fair use; and
11. Use made of a work for the purpose of any judicial proceedings or for the giving of
professional advice by a legal practitioner (IPC, Sec. 184).

II. Fair Use of Copyright Work

A privilege, of persons other than the owner of the copyright, to use the copyrighted material in a
reasonable manner without his consent, notwithstanding the monopoly granted to the owner
by the copyright. It does not constitute infringement.

The fair use of a copyrighted work for criticism, comment, news reporting, teaching including
limited number of copies for classroom use, scholarship, research, and similar purposes is not
an infringement of copyright. Decompilation or the reproduction of the code and translation of
the forms of a computer program to achieve the interoperability of an independently created
computer program with other programs may also constitute fair use

Factors to be considered in determining whether use is fair or not: (PANE)

1. Purpose and the character of the use;
2. Amount and substantiality of the portions used;
3. Nature of the copyrighted work; and
4. Effect of the use upon the potential market of the copyrighted work (IPC, Sec. 185.1).

The fact that the work is unpublished shall not itself bar a finding of fair use (IPC, 185.2).
Note: Concept of fair use only applies to copyrighted work and not to non-copyrightable
material.

Quotations from a published work if they are compatible with fair use and only to the extent
justified by the purpose, including quotations from newspaper articles, and periodicals in the form
of press summaries are allowed provided that the source and the name of the author, if appearing
on the work, are mentioned (Habana v. Robles, G.R. No. 131522, July 19, 1999).

When is there a substantial reproduction of a book

It does not necessarily require that the entire copyrighted work, or even a large portion of it, be
copied. If so much is taken that the value of the original work is substantially diminished, there is
an infringement of copyright and to an injurious extent, the work is appropriated (Id.).

III. Importation for Personal Purposes

Commissioner of Customs is empowered to make rules and regulations for preventing the
importation or exportation of infringing articles

12. Ownership of Copyright

A. Single Creator
Belongs to: Author of the work, his heirs or assigns (IPC, 178.1).

B. Joint Creator
Belongs to:
(1) If work consists of unidentifiable parts: coauthors jointly as coowners, unless there is
agreement to the contrary (IPC, 178.2).
(2) If work consists of identifiable parts: author of each part owns the part that he has created
(IPC, 178.2).

C. Employees Creator
Belongs to:
(1) If the creation is part of his regular duties: employer, unless there is agreement to the
contrary (IPC, 178.3b).
(2) If it is not: employee (IPC, 178.3a).

D. Commissioned Work
Belongs to:
(1) Work itself: The person who commissioned the work (IPC, 178.4).
(2) Copyright: creator, unless there is a written stipulation to the contrary (IPC, 178.4).

E. Cinematographic Works
Belongs to:
(1) For exhibition purposes: producer (IPC, 178.5).
(2) For all other purposes: producer, author of the scenario, composer, film director, author of the
work (IPC, 178.5).

F. Anonymous and pseudonymous works

Belongs to:
Publishers are deemed representative of the author, unless:
1. The contrary appears;
2. Pseudonyms or adopted name leaves no doubt as to the author‘s identity;
3. Author discloses his identity (IPC, 179).

G. Collective Works
Belongs to:
Contributor is deemed to have waived his right, unless he expressly reserves it (IPC, Sec. 196).

H. Letters
Belongs to:
Writer owns the copyright but the recipient owns the letter itself (IPC, 179). However, the court
may authorize their publication or dissemination if the public good or the interest of justice so
requires (CIVIL CODE, Art .723).

13. Deposit and Notice

A. Deposit and Notice of Deposit with National Library and the Supreme Court Library
- At anytime during the subsistence of the copyright, the owner of the copyright or of any
exclusive right in the work may, for the purpose of completing records, register and deposit with
them, by personal delivery or by registered mail, two complete copies or reproductions of the
work in such form as the directors of the said libraries may prescribe in accordance with
regulations
- Provided, that only works in the field of law shall be deposited in the Supreme Court library

B. Notice of Copyright
- Each copy of a work published or offered for sale may contain a notice bearing the name of the
copyright owner, and the year of its first publication, and in copies produced after the creator's
death, the year of such death

14. Term of Moral Rights

Term/ Duration
Lifetime of the author and in perpetuity after his death for the moral rights under Sec.
193.1 (i.e. to require that the authorship of the works be attributed to him, in particular,
the right that his name, as far as practicable, be indicated in a prominent way on the
copies, and in connection with the public use of his work). The rights under Secs. 193.2,
193.3, 193.4, shall be coterminous with the economic rights.

Moral rights shall not be assignable or subject to license (IPC Sec. 198, as amended by
RA 10372, Sec. 17).

15. Right to Proceeds in Subsequent Transfers

Right to Proceeds in Subsequent Transfers
(Droit De Suites)
In every sale or lease of an original work of painting or sculpture or of the original
manuscript of a writer or composer, subsequent to the first disposition thereof by the
author, the author or his heirs shall have an inalienable right to participate in the gross
proceeds of the sale or lease to the extent of five percent (5%). This right shall exist
during the lifetime of the author and for fifty (50) years after his death (IPC, Sec. 200).

Droit de Suite
Droit de Suite means ―art proceeds right‖ The right is exercisable even after the
author‘s death, provided that the work is still in copyright.

Requisites:
a. Sale or lease;
b. Of an original work;
c. Of painting or sculpture, or of the original manuscript of a writer or composer; and
d. Subsequent to the first disposition thereof by the author.

Works NOT covered:

1. Prints;
2. Etchings;
3. Engravings;
4. Works of applied art; and
5. Similar works wherein the author primarily derives gain from the proceeds of
reproductions (IPC, Sec. 201)

16. Duration of Copyright

A. Single Copyright - Lifetime of the creator and in perpetuity after his death.
B. Joint Creation - Lifetime of the last surviving co-creator and in perpetuity after his death
C. Anonymous or pseudonymous work - Fifty (50) years after the date of their first publication;
except where, before the expiration of said period, the author‘s identity is revealed or is no longer
in doubt, the first two mentioned rules shall apply; or if unpublished, fifty (50) years from their
making.
D. Work of applied art, an artistic creation with utilitarian functions or incorporated in a useful
article, whether made by hand or produced on an industrial scale (IPC, Sec. 171.10) - Twenty-five
(25) years from the date of making
E. Photographic work, audiovisual work produced by photography or analogous processes - Fifty
(50) years from the publication of the work, or if unpublished, fifty (50) years from making the
same.
F. Newspaper article - Lifetime of the author and in perpetuity after his death (IPC, Sec. 213).

The term of protection shall be counted from the 1 st day of January of the year following the last
publication (IPC, Sec. 214).
17. Infringement
Infringement - Consists in the doing by any person, without the consent of the owner of the
copyright, of anything the sole right to do which is conferred by the statute on the owner of the
copyright

Plagiarism - It is the act of appropriating the literary composition of another, or parts or passages
of his writings, or the ideas or language of the same and passing them off as the product of one‘s
mind.

The incorporation in one‘s own work of that of another without the proper acknowledgement
thereof.

Note: Damage is not an element in an infringement suit.

I. Infringement vs. Plagiarism

Infringement or piracy is any violation of the owner's exclusive rights conferred by law while
plagiarism is confined to the incorporation in one's own work that of another without the proper
acknowledgement thereof

II. Animus furandi or intention to priate is not an element of copyright infringement

III. An acknowledgement of the sources of the work infrineged is not a defense to an infringement
action
IV.
A. A person infringes a right protected under this Act when one:
(a) Directly commits an infringement
(b) Benefits from the infringing activity of another person who commits an infringement if the
person benefiting has been given notice of the infringing activity and has the right and ability to
control the activities of another person
(c) With knowledge of infringing activity, induces, causes or materially contributes to the infringing
conduct of another

B. Remedies for infringement

1. Action for Damages
The copyright proprietor or his assigns or heirs is entitled to such actual damages, including
legal costs and other expenses, as he may have incurred due to the infringement as well as the
profits the infringer may have made due to such infringement.

In proving profits the plaintiff shall be required to prove sales only and the defendant shall be
required to prove every element of cost which he claims.

Damages may be doubled if the infringer:

a. Circumvents effective technological measures; or
b. Having reasonable grounds to know that it will induce, enable, facilitate or conceal the
infringement, remove or alter any electronic rights management information from a copy of a
work, sound recording, or fixation of a performance, or distribute, import for distribution,
broadcast, or communicate to the public works or copies of works without authority, knowing that
electronic rights management information has been removed or altered without authority (IPC,
Sec. 216.1 as amended by R.A. 10372, Sec. 22).

The copyright owner may elect, at any time before final judgment is rendered, to recover instead
of actual damages and profits, an award of statutory damages for all infringements involved in an
action in a sum equivalent to the filing fee of the infringement action but not less than Fifty
Thousand Pesos (Php50,000.00) (IPC, Sec. 216.1 as amended by R.A. 10372, Sec. 22).
This is also subject to double damages.

2. Criminal Action
Any person infringing any copyright or aiding or abetting such infringement shall be guilty of a
crime punishable by:

In all cases, subsidiary imprisonment in cases of insolvency (IPC, Sec. 217.1).

In determining the number of years of imprisonment and the amount of fine, the court shall
consider the value of the infringing materials that the defendant has produced or manufactured
and the damage that the copyright owner has suffered by reason of the infringement (IPC, Sec.
217.2).

Persons Criminally Liable for Infringement:

Any person who at the time when copyright subsists in a work has in his possession an article
which he knows, or ought to know, to be an infringing copy of the work for the purpose of:
a. Selling, letting for hire, or by way of trade offering or exposing for sale, or hire, the article;
b. Distributing the article for purpose of trade, or for any other purpose to an extent that will
prejudice the rights of the copyright owner in the work; or
c. Trade exhibit of the article in public, shall be guilty of an offense and shall be liable on
conviction to imprisonment and fine as above mentioned (IPC, Sec. 217.3).

3. Injunction
The court may also order the defendant to desist from an infringement, among others, to prevent
the entry into the channels of commerce of imported goods that involve an infringement,
immediately after customs clearance of such goods (IPC, Sec. 216.1.a).
4. Impounding and Destruction
Court order for impounding or destruction of infringing materials (IPC, Sec. 216.1.c & d).
5. Moral and Exemplary Damages
Payment of moral and exemplary damages even in case of acquittal by the accused (IPC, Sec.
216.1.e).
6. Seizure and Impounding
Seizure and impounding of infringing materials for the purpose of evidence (IPC, Sec. 216.2.).

Disclosure of Information
Where any article or its packaging or an implement making it is seized or detained under a valid
search and seizure, or is reasonably suspected to be in violation of the IPC, the authorized
enforcement officer shall notify the owner of the copyright in question or his authorized agent of
the seizure or detention (IPC, Sec. 220A, as amended by R.A. 10372, Sec. 25).

The presentation of the master tapes of the copyrighted films, from which the pirated films were
allegedly copied, was necessary for the validity of search warrants against those who have in
their
possession the pirated films. Hence, the applicant must present to the court the copyrighted films
to compare them with the purchased evidence of the video tapes allegedly pirated to determine
whether the latter is an unauthorized reproduction of the former (20th Century Fox Film Corp. v.
CA, G.R. Nos. 76649-51, August 19, 1988).

The presentation of the master tapes in such cases is not an absolute requirement for as search
warrant to issue: It is evidently incorrect to suggest, as the ruling in 20th Century Fox may appear
to do, that in copyright infringement cases, the presentation of master tapes of the copyright films
is always necessary to meet the requirement of probable cause for the issuance of a search
warrant

B. Administrative Sanctions
1. Administrative action;
a. Cease and desist order;
b. Forfeiture of paraphernalia used in committing the offense; and

2. Administrative fines.
Affidavit Evidence
It is an affidavit made before a notary public in actions for infringement, reciting the facts required
to be stated under the IP Code (IPC, Sec. 218.1).

Required Statement of Facts:

1. Copyright subsisted in the work or other subject matter at the time specified therein;
2. He or the person specified therein is the owner of the copyright; and
3. The copy of the work or subject matter annexed thereto is a true copy.

As prima facie proof, the affidavit shifts the burden of proof to the defendant, to prove the
ownership of the copyrighted work.

Defendant must put in issue the question of whether copyright subsists in the work or other
subject matter, otherwise, copyright shall be presumed to subsist in the work or other subject
matter to which the action relates and the plaintiff shall be presumed to be the owner of the
copyright, if he claims to be the owner of the copyright (IPC, Sec. 218.2).

If the defendant, in bad faith, puts in issue the questions of whether copyright subsists in a work
or other subject matter to which the action relates, or the ownership of copyright in such work or
subject matter, thereby occasioning unnecessary costs or delay in the proceedings, the court may
direct that any costs to the defendant in respect of the action shall not be allowed by him, and that
any costs occasioned by the defendant to other parties shall be paid by him to such other parties
(IPC, Sec. 218.2).

V. Presumption of Authorship
The natural person whose name is indicated on a work in the usual manner, as the author shall,
in the absence of proof to the contrary, be presumed to be the author of the work. This is
applicable even if the name is a pseudonym, where the pseudonym leaves no doubt as to the
identity of the author (IPC, Sec. 219.1). The person or body corporate whose name appears on
an audio-visual work in the usual manner shall, in the absence of proof to the contrary, be
presumed to be the maker of said work (IPC, Sec. 219.2).
18. Prescription of Action